Law: Muhammadan Law

Section:

Muhammadan Law--- ----Inheritance---Plaintiff (daughter) seeking entitlement to 7/104th share in accordance with Shariah in cash amount deposited by her father (deceased) in different Banks---During lifetime of deceased when he was allegedly on death bed some amount was stated to have been withdrawn illegally and fraudulently by one of defendants in the name of deceased---Plaintiff also claiming her share from that amount---Trial Court decreed plaintiff's suit in respect of amount which stood deposited at the, time of death of deceased but ignored her claim to that amount which had been withdrawn during lifetime of deceased by one of defendants on behalf of their deceased father---Plaintiff filed appeal against that claim which was rejected---Defendant filed appeal against order of execution whereby decree was to be executed against him alone---Plaintiff could not claim her share in those payments or funds exhausted during lifetime of deceased, for her suit was for her share in the heritage i.e. movable property left by deceased; plaintiff was only entitled to her 7/104th share in the assets of deceased after his death---Plaintiff had produced no evidence that deceased was not in a position to understand what he was doing or that he was pressurised by defendant to sign specific cheques---Trial Court had, thus, rightly refused to grant decree to plaintiff for the  amount  already  drawn  by  her  father  before  his   death---Decree in favour of plaintiff was although against all defendants yet it could be executed against any one of judgment-debtors---Record showed that defendant against whom decree in question, was being executed had received the amount of legacy more than his due share in the estate left by his deceased father---Executing Court had thus, rightly rejected, such defendant's objection application that decree be executed against all defendants. PLD 1974 SC 185 rel. Munir Paracha for Appellant. Mian Muhammad Younis for Respondents. Date of hearing: 25th January, 1996. JUDGMENT QAZI EHSANULLAH QURESHI, J.---Mst. Saira. the plaintiff, filed a suit before the Civil Court at Mardan in the year 1992…